**Document:** Officer Planning Report **Application:** 07/01407/B — Erection of two external smoking shelters **Decision:** Permitted **Decision Date:** 2007-10-02 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/83457-braddan-cat-with-no-tail-public-two-external-smoking/documents/1504555 --- # Officer Planning Report [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Site The site represents the curtilage of "The Cat With No Tail" Public House, located on the corner of Johnny Watterson's Lane and Hailwood Avenue. To the northeast of the site there is a car park and various businesses in Hailwood Court. To the south of the site is Fuchsia Court. There are open fields to the east of Johnny Watterson's Lane. #### Planning Status The site is located within an area identified as 'Predominantly Residential Use' by the Douglas Local Plan Order 1998. The site is not within a Conservation Area. #### Planning History [Table omitted in markdown export] Planning application 96/01041/B sought permission for the erection of a conservatory to the south elevation of the building. This was permitted 18th November 1996. Planning application 98/01320/B sought permission for the installation of a new door to allow garden access and signage to the rear of the building. This application was the subject of a split decision with the signage being refused and the new garden access being permitted. ### The Proposal Proposed here is the erection of two external smoking shelters with one to be located on the south elevation and the other to be situated to the left of the main entrance on the east elevation. The proposed shelters are to be constructed in aluminium and are to be of a traditional design with toughened glass canopies. Both shelters would have a maximum height of approximately 3 m. The south elevation shelter would measure approximately 2.5 m by 4m and the shelter on the east elevation would measure approximately 3.5 m by 2 m and would have a single door access into the main entrance area. ### Public Health (Tobacco) Act 2006 - No-Smoking Premises Regulations 2007 Under part 2 of the Public Health (Tobacco) Act 2006 which was passed by Tynwald and received Royal Assent on 16 October 2006 Act, the Department of Local Government and the Environment made the "No-Smoking Premises Regulations 2007", which received Tynwald approval on 12th July 2007 and will come into operation on 30th March 2008. This will effectively ban smoking in wholly enclosed or substantially enclosed public spaces. This proposal for external smoking shelters seeks to provide covered areas to accommodate patrons who wish to smoke. The Regulations define "wholly enclosed" and "substantially enclosed" premises stating "Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis." The Regulations go on to state that "Premises will be considered to be substantially enclosed if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of walls, including other structures that serve the purpose of walls and constitute the perimeter of the premises. When determining the area of an opening, no account can be taken of openings in which doors, windows or other fittings can be opened or shut." The structures indicated within this application would fall outside of these definitions and so persons would be allowed to smoke within them. ### Representations Both Douglas Corporation and the Department of Transport Highways Division have not commented on this application. The Disability Access Officer requests a note to be attached to any subsequent planning approval. The Manx Electricity Authority request a note relating to underground cables is attached. There have been no privately written representations received in relation to this application. ### Assessment The two main considerations in assessing this application are visual impact on the existing building and the surrounding area and any impacts on the amenity of the surrounding area, particularly relating to noise and disturbance. In terms of visual impact, the proposed shelters are considered to be of an acceptable design and scale and are not detrimental to the building or surrounding area. The provision of smoking shelters would indicate that persons wishing to smoke whilst frequenting the Public House would congregate outside. This could lead to an increase in the levels of noise and disturbance received by any neighbouring properties. A site visit on 17th September ascertained that the nearest dwellings are those of Fuchsia Court to the south and the apartments situated above the commercial premises of Hailwood Court. Fuchsia Court is a minimum distance of approximately 30 m from The Cat With No Tail and is separated by a road. There are no windows in the north-facing gables of these houses. It is considered that these factors are sufficient to ensure that these properties will not be adversely affected by this proposal. The apartments located at Hailwood Court are separated by a relatively large parking area. Only one of the proposed shelters, that to the south of the main entrance, is likely to have any impact on these dwellings. However as with Fuchsia Court, the distance from the proposal site is considered to mitigate any possible adverse impacts sufficiently. Overall this development is considered to be acceptable and is therefore recommended for approval. ### Recommendation It is recommended that this application be permitted. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: - Douglas Corporation - The Department of Transport Highways Division Accordingly the following parties are not granted Interested Party Status: - The Disability Access Officer - The Manx Electricity Authority ### Recommendation Recommended Decision: Permitted Date of Recommendation: 18.09.2007 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the plans and information 4137-1 and 1407/1 submitted and date stamped 27th July 2007. N 1. The Disability Access Officer advises that the area should have level access from the car park and furniture should be loose to allow a wheelchair user to manoeuvre around. N 2. There are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site. Contact the Manx Electricity Authority for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6. Decision Made : Approved Committee Meeting Date : 28.9.2007 --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/83457-braddan-cat-with-no-tail-public-two-external-smoking/documents/1504555*